Similarity between stationary and clothing

On February 24, 2006, the Paris Court of Appeal considered that clothing should be regarded as similar with school supplies (stationary).   For the Judge, whereas the nature, function and distribution networks of these products are not identical, the consumer will consider that they have the same origin because of the tendency of some clothing companies to…

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The lego brick partially cancelled

    On July 10, 2006, the Board of Appeals ruled an invalidation claim against the lego brick Community trademark and decided it was not registrable for « construction toys» in Class 28. The Board first considered that each element of the brick was necessary to obtain a technical result in light of several UK…

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Cremilk vs./ Milkcrem

On July 14, 2006, the OHIM upheld that the two marks above were similar despite of the reverse order and of the additional M-letter in MILKCREM. For the Examiner, the signs visually have the same word elements, phonetically are identical if inverted and are intellectually linked whereas of limited distinctiveness. The decision is not so surprising…

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The Rubiks Cube trademark is fully distinctive

    The creator of the well-known game Rubiks Cube, and his licensing company sued for counterfeiting acts a French company on the basis of their community three-dimensional trademark representing the famous cube. The defendant tried to obtain the cancellation of the mark arguing on one hand that the shape of the game could not…

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similarity of clothing and eyeglass

On December 2nd, 2005, the Paris Court of Appeal considered that clothing and eyeglasses should be regarded as similar products.For the French Judge, eyeglasses have become fashion and clothes accessories.   The diversification policy of fashion houses reflects this situation. DIOR for instance systematically offers for sell accessories including eyeglasses together with their luxury products…

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